| Ancient daily reader/lurker here (even far before my registration date). I want to chime in because this is my area of expertise. Disclaimer: I stand neutral in this issue; however, DNA/law is what I currently do for a living. While it is true on the most basic level that law enforcement do 'collect' and 'store' information about 'who we are,' 'where we come from,' and 'who we will be.' It is only true because crime labs are typically required to store samples long term (mostly because of an idea that in the future, technology in the future will provide better discriminatory power, and for quality control testing/confirmations). Law enforcement does not process DNA samples in the way that the article suggests, in fact, the vast majority of the time (and legally, this varies state by state), crime labs only use DNA typing technologies that produce information that is limited to "identifying an individual." What this means is in the most elementary way, is that the data generated from DNA samples used in law enforcement today, only contains information equivalent to a fingerprint. DNA samples processed in crime labs (the vast majority of the time) is based on STR technologies and (again, most of the time) it is unlawful for crime labs or law enforcement agencies to use this identifying information any further than the capacity to identify the "who" which is most of the time only searched in a database of convicted offenders, detainees, sex offenders, and/or arrestees. So no, law enforcement agencies aren't generating/processing information different in capacity to that of a fingerprint. Is it lawful to collect a fingerprint (or in this case a STR DNA profile) without a warrant or probable cause? I think so, but in their minds searching "forensic unknowns" to a database such as CODIS (you'll have to google this) to generate investigative leads is paramount to finding unconvinced offenders. Example: Bob is arrested in 2015 for burglary and has a history of misdemeanors the past 10 years. DNA is collected for forensic evidence of this burglary to build a case to convict him of this crime. His DNA profile is searched in CODIS and happens to hit to an unsolved rape case in 1998. His DNA profile matches that found on a vaginal swab of the rape victim. Bob will now be charged with rape in 1998, but who would have otherwise gotten off scott free for the rape if it weren't for CODIS. |